RE: Palestinian Talks, lectures, & interviews.
SUBTOPIC: Restrictions and Obligations as an Occupying Power.
⁜→ P F Tinmore, et al,
PREFACE: I am not an attorney, but I have done my share of research on many of the topics discussed here today. And the one thing I can say, with some measure of confidence, is that the character of International Law is very "uncertain" or indeterminate. One of the most amazing of these indetermanent characteristics is the strength of enforcement of regulations overseen by international organizations. The greatest of these in the last 150 years is that of the International Committee of the Red Cross (ICRC). The ICRC is not a governmental agency. The ICRC is "independent" and holds the characteristics of a neutral organization. And over the years the ICRC has become the preeminent International Humanitarian Organization which advocates on the applications of protections and provides assistance for victims of armed conflicts and similar theaters of violence. Perhaps no other organization of its kind has been the influence of international humanitarian law (IHL) and the interpretive foundation for prosecution of misdeeds in the combat arena then → the ICRC's implied interpretations of The Hague Regulation and the Geneva Conventions (with modern protocols). In contemporary history of warfare (conventional or otherwise) no body of law has been effected more by an "independent" nature of an organization than the ICRC in such matters. Even the International Criminal Court (ICC) defers to the Geneva Conventions of 12 August 1949 in the matter of war crimes.
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(COMMENT)
That is entirely wrong. And do not bother to bringup those General Assembly Resolutions. No matter what you have been told, the non-binding pronouncements by the United Nations DO NOT trump The Hague Regulation or the Geneva Conventions that come down on the side of the Occupation Power. If the Hostile Arab Palestinian attempt to intentionally harm the Occupying Power, then the Arab Palestinians are in the wrong. And I am specifically addressing:
◈. A/RES/3246 (XXIX). 29 November 1974.
Reaffirms the legitimacy of the peoples' struggle for liberation form colonial and foreign domination and alien subjugation by all available means, including armed struggle;
◈. A/RES/33/24 29 November 1978.
Reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, particularly armed struggle;
◈. A/RES/34/44. 23 November 1979.
Reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and alien domination and foreign occupation by all available means, including armed struggle;
◈. A/RES/35/35. 14 November 1980.
Reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle;
◈. A/RES/36/9. 28 October 1981.
Reaffirms the legitimacy of the struggle of peoples for independence, territorial integrity, national unity and liberation from colonial and foreign domination and foreign occupation by all available means, including armed struggle;
BTW: All five of these non-binding resolutions were published before 1988 when the Hashemite Kingdom abandon the entirety of its claims west of the Jordan River. The point being is that the territory was occupied Jordanian Sovereign Territory and NOT Palestine (however you might define it). These claims might have been applicable to Jordan and not Israel.
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(COMMENT)
If the Arab Palestinians had sovereignty that was violated, that would be a very different argument on different grounds. It is my pleasure to introduce you to the Legal Finding by the UN Legal Affairs Office:
Please read this very short Paragraph 1 carefully. While the Arab Palestinians insistently claim that they have some sovereignty over something, it is very clearly stated that:
◈. Palestine was not identified as:
•. A state
•. A country
◈. Palestine did not have an authority that was identifiable as a government.
◈. Until 2012, the designation "Palestine" was used in place of the "Palestinian Liberation Organization" (PLO).
PART 3 Rome Statute of the International Criminal Court
GENERAL PRINCIPLES OF CRIMINAL LAW
Article 22(2)
Nullum crimen sine lege
The definition of a crime shall be strictly construed and shall not be extended by analogy.
In case of ambiguity, the de!nition shall be interpreted in favour of the person being investigated, prosecuted or convicted.
Most Respectfully,
R
AN INTRODUCTION TO INTERNATIONAL INSTITUTIONAL LAW • Cambridge University Press • The Edinburgh Building, Cambridge , United Kingdom © Jan Klabbers 2002
The Philosophy of International Law • Published in the United States by Oxford University Press Inc., New York © the several contributors, Edited by SAMANTHA BESSON AND JOHN TASIOULAS 2010
Principles of International Humanitarian Law • © Jonathan Crowe and Kylie Weston-Scheuber
Published by Edward Elgar Publishing Limited 2013
Everyone’s Accountable: how non-state armed groups interact with international humanitarian law • By Lieutenant Colonel Tim Rutherford, Australian Army,
Royal Military College, Duntroon, in 1999.
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